The Indonesian Journal of Agrarian Law (ISSN 3110-6633), published by the Faculty of Law, Universitas Negeri Semarang, is a distinguished platform dedicated to the exploration, analysis, and discourse on key issues related to agrarian law in Indonesia and its global implications. This journal emphasizes the intersection of legal frameworks with agrarian practices, aiming to advance understanding and propose solutions for contemporary challenges in land governance, reform, and rural development. We invite original research, theoretical insights, and policy analyses that address a broad spectrum of topics within the domain of agrarian law, including but not limited to: Land tenure and land use rights Agrarian reform policies and their socio-economic impacts Indigenous land rights and customary law Environmental sustainability within agrarian legal contexts The role of agrarian law in food security and rural development Land conflicts, dispute resolution, and land-based human rights The legal aspects of agricultural investment and land commodification Comparative studies of agrarian law in Southeast Asia Through rigorous scholarship, the journal strives to foster a deeper understanding of how legal systems shape agrarian structures, empower marginalized communities, and promote sustainable agricultural practices. As a vital contribution to legal scholarship, the Indonesian Journal of Agrarian Law serves as a critical voice in the ongoing discussion about harmonizing legal frameworks with the needs and aspirations of rural populations and the environment.
All articles published in the Indonesian Journal of Agrarian Law are made available under the Creative Commons Attribution 4.0 International License (CC BY 4.0). By submitting a manuscript to the journal, authors agree to the terms outlined below regarding the distribution, use, and sharing of their work.
Ownership of Undelivered Public and Social Facility Land and the Right to Compensation in Toll Road Development
This study examines a dispute over public and social facility land in the Bawen City Land housing estate, Semarang Regency, affected by land acquisition for the Bawen–Yogyakarta Toll Road. Parcels designated in the ratified site plan as a prayer hall, a parking area, and a well and water reservoir were registered as freehold title in the developer director's personal name, encumbered as security for debt, never handed over to the regional government, and ultimately became the basis for receiving compensation. Two problems are formulated: the legal status of those land rights in light of the handover obligation and the social function of land, and the reading of the entitled party norm that yields substantive justice. The study applies a normative juridical method with statutory, conceptual, and case approaches, drawing on legislation, Decision Number 8/Pdt.G/2024/PN Unr, and legal literature, reinforced by testimony from affected residents. The findings show that the developer's conduct satisfies the elements of circumvention of the law, because formally valid legal forms were deployed to evade a mandatory obligation, producing illusory certainty that is flawless on paper yet negates the social function of land. It argues that the right to receive compensation is not identical to the right to enjoy it unencumbered, because substitute money inherits the designation of the object it replaces, so the handover obligation converts into an obligation to provide equivalent replacement facilities. Its novelty is a four-stage function restoration model placing regional government as the principal actor.
Copyright (c) 2026 Ardan Sabillah (Author) https://creativecommons.org/licenses/by/4.0
Legal Analysis Regarding Legal Certainty and Legal Protection for Certified Buyers in Land Disputes Involving Obscuur Libel Claims
Land title certificates serve as strong evidence of ownership for certified buyers. However, legal certainty and legal protection for such buyers can be undermined when a lawsuit filed to defend their rights is deemed obscuur libel (vague) and left unexamined on its merits. This study analyzes legal certainty and legal protection for certified buyers based on Judgment No. 138/Pdt.G/2024/PN Semarang, a land ownership dispute case. It employs a normative legal method, drawing on primary sources such as Law No. 5 of 1960, Government Regulation No. 24 of 1997, and relevant court decisions, along with secondary sources including books and journals. The findings show the Plaintiffs fulfilled the formal and material requirements of certified buyers: a valid deed of sale, a registered certificate of ownership, and sixteen years of physical possession. Nevertheless, the Panel of Judges declared the lawsuit inadmissible (niet ontvankelijke verklaard) since the legal basisan unlawful actwas conflated with the request to validate the sale and certificate. Consequently, the court's review was confined to formal matters and did not reach the substantive issue of land ownership status. The study further compares this ruling with three other decisions sharing similar formal characteristics. It concludes that legal certainty for certified buyers remains suboptimal, as legal protection through litigation is often halted at the formal admissibility stage due to obscuur libel. The study further recommends that lawsuits be drafted clearly and systematically to prevent formal ambiguities that obstruct substantive judicial review.
Copyright (c) 2026 Ramona Putri Putri (Author) https://creativecommons.org/licenses/by/4.0
Land Consolidation Implementation in Indonesia and Thailand: Empirical Dynamics and Financing Schemes
Abstract Rapid Urbanization in shout East Asia, particularly in Indonesia and Thailand, has caused savere spatial fragmantation and a proliferation of urban slums, necessitating sustainable land reorganization Without forced evictions. The paper aims to anelyze the emperical dynamics of land development,compare foundational financing structures, and identify long-term succes factors for spatial adjustments.Ultilizing a qualitative comparative methodology through socio-legal and economic-managerial lenses, the study examines land consolidation in Indonesia an Land Redjustments in Thailand. Results show that while Indonesia's framework addreses multi-dimensional social issues and disaster recovery,its implementation is hindered by bureaucratic silos,sectoral egos, and complete dependency on public budgets due to a lack of marketable reserve land. Conversely,Thailand's approach achieves financial self-sufficiency and regulatory clarity through its 2004 Act, commercializing reserve land and leveraging grassroots community savings.The main contribution of this research lies in its synthesis of diverse land typologies from urban slums to post-disaster zones and its strategic structural comparison , filling an analytical gap in single-location and purely normativist literature. The study concludes that long-term structural success relies on financial autonomy and unfied institutional mechanisms rather than tokenistic participatory rhetoric. It is recommended that Indonesia implements a radical policy reorientation by establishing local intergrated Land Consolidation Desks to eliminate institutional fragmentation, adopting Land Value Capture modes alongside Bank Tanah mechanisms to lock land value, and shifting community engagement from mere administrative consent to substantive financial shareholding to avoid gentrification. Keywords: Land Consolidation, Land Redjustmen, Urban Slums, Financing Schemes, Comparative Spatial Management, Agrarian Jutice.
Copyright (c) 2026 Helsa Almahbubi, Dr. Asmarani Ramli, S.H., M.Kn. (Author) https://creativecommons.org/licenses/by/4.0
Legal Informatics and Digital Land Governance in Indonesia and Uganda
Legal informatics is becoming an indispensable instrument for enhancing digital land governance through increased transparency, efficiency, and legal certainty in land administration. Nonetheless, Uganda is still facing several challenges emanating from manual land records, fraud in transactions, lack of geospatial data integration, underdeveloped technological infrastructure, and coexistence of statutory and customary land tenure systems. This paper provides a comparative analysis of the legal and institutional frameworks of digital land governance in Indonesia and Uganda, with the aim of pinpointing Uganda’s gaps in regulation and learning from Indonesia’s successful reforms in this sphere. The research applies a doctrinal legal approach entailing the comparative analysis of legislation, government policies, judicial decisions, and academic literature. The results indicate that Indonesia’s electronic land registry, One Map Policy, digital signature system, and data protection regime considerably contribute to improving land governance, while Uganda’s digitalization process is hindered by implementation difficulties and poor institutional coordination. In conclusion, it is necessary for Uganda to improve its Land Information System through geospatial database integration, electronic authentication, data protection, and recognition of customary land rights.
Copyright (c) 2026 Paul Atagamen Aidonojie, Yusuf Abass Aleshinloye, Ogoma Sunday Ani, Obieshi Eregbuonye, Ismaila Hassan (Author) https://creativecommons.org/licenses/by/4.0
Land Disputes in Pakel Village from the Perspective of Agrarian Reform
This study analyzes the land dispute in Pakel Village, Licin District, Banyuwangi Regency, through the lens of agrarian reform following the enactment of Banyuwangi Regency Regional Regulation No. 2 of 2024 concerning the 2024–2044 Regional Spatial Plan. The dispute arises from the classification of the contested area as a plantation zone, which may reinforce the legal standing of the company's Right to Cultivate (Hak Guna Usaha/HGU), despite the existence of historical claims and longstanding community control over the land. This research aims to assess whether the spatial planning policy incorporates considerations of agrarian justice and equitable land management or instead contributes to the persistence of structural inequalities in land tenure. Employing normative legal research, the study adopts statutory, conceptual, and case approaches, with particular emphasis on Judgment No. 181/Pdt.G/2024/PN Banyuwangi. Data were obtained through literature review, examination of legal documents, and interviews. The findings reveal that, although Regional Regulation No. 2 of 2024 is formally consistent with national spatial planning frameworks, it has not adequately accommodated agrarian reform principles or recognized the historical dimensions of land tenure in Pakel Village. The designation of plantation areas within the disputed territory may strengthen the position of HGU holders while limiting opportunities for local communities to obtain formal recognition of their land rights. Accordingly, this study highlights the need for participatory and equitable mechanisms, including mediation, spatial policy evaluation, and the reinforcement of agrarian reform initiatives in resolving agrarian conflicts in Pakel Village.
Copyright (c) 2026 Evi Hariyani (Author) https://creativecommons.org/licenses/by/4.0
Land registration serves as the primary legal instrument for guaranteeing property rights security in Indonesia, yet the phenomenon of overlapping certificates of ownership (Sertipikat Hak Milik/SHM) continues to undermine the very legal certainty it is meant to provide. This study aims to analyze the legal consequences of overlapping certificates of ownership and to examine dispute resolution mechanisms under the Basic Agrarian Law (UUPA) No. 5 of 1960 and Government Regulation (PP) No. 24 of 1997 on Land Registration. This research employs a normative juridical method with a statutory approach (statute approach) and a conceptual approach (conceptual approach), utilizing primary and secondary legal materials gathered through library research and analyzed using descriptive-analytical techniques. The findings reveal that overlapping certificates generate three principal legal consequences: legal uncertainty over ownership status, potential certificate invalidation, and administrative liability of the National Land Agency. Dispute resolution may be pursued through non-litigation (mediation at the Land Office) or litigation before the General Court or Administrative Court, depending on the substance of the claim. Analysis confirms that the negative-tendency-positive publication system under UUPA operates in synchronization with the stronger evidentiary protection afforded by PP No. 24 of 1997, as the latter was enacted specifically to implement the former; overlapping certificates instead stem primarily from procedural and administrative weaknesses in land registration practice. This study concludes that resolving overlapping certificates requires strengthened procedural implementation, including clarification of the criteria for good faith and actual possession, digitalization of land administration, strengthened verification procedures, and institutional capacity building within BPN.
Copyright (c) 2026 Muhammad Wildan Aulia Fahmi, Dian Latifiani (Author) https://creativecommons.org/licenses/by/4.0
Legal Control Efforts Against Illegal Buildings on the Borders of the Pelayaran River
Spatial planning in river border areas is an essential instrument for maintaining the ecological function of rivers and ensuring land use complies with applicable laws and regulations. However, the implementation of legal control over illegal buildings along the Pelayaran River border in Karangtowo Village, Demak Regency, continues to face various obstacles, preventing effective enforcement. This study aims to analyze the implementation of legal control over illegal buildings based on the Regulation of the Minister of Public Works and Public Housing Number 28/PRT/M/2015 and to identify the factors hindering its effectiveness. This research employed an empirical juridical method with a qualitative approach. Data were collected through field observations, interviews with relevant government agencies and local communities, and a review of legislation and related literature. The findings indicate that legal control has not been implemented optimally. Normatively, the Pelayaran River is classified as an urban river without embankments, requiring a minimum river border distance of ten meters from both sides of the riverbank. Empirically, approximately seventy semi-permanent buildings are still used for commercial purposes, with several structures extending into the river channel, violating the Ministerial Regulation. This condition reflects a gap between das sollen and das sein in spatial control implementation. Major obstacles include low public legal awareness, ineffective public outreach, the high economic value of the river border area, and increasing commercial activities driven by nearby industrial development. Strengthening institutional coordination, continuous monitoring, and community empowerment are therefore necessary to restore the river border's protective function sustainably.
PUPR Ministerial Regulation Number 28/PRT/M/2015
Copyright (c) 2026 Nurul Khikmah (Author) https://creativecommons.org/licenses/by/4.0
Reconstruction of National Agrarian Data Security through Blockchain Technology: An Urgency Following the PDNS 2 Ransomware Incident
The digital transformation of land administration in Indonesia, characterized by the implementation of electronic land certificates under Minister of ATR/BPN Regulation Number 1 of 2021, faces serious challenges in cyber security. The use of a centralized database system has proven to have a fatal single point of failure, as evidenced by the Ransomware attack on the Temporary National Data Center (PDNS) 2 in 2024 which paralyzed 282 government institutions, as well as the leakage of 1.3 billion data by the hacker Bjorka in 2022. This research aims to analyze the vulnerability of the current land data infrastructure and examine the urgency of adopting Blockchain technology as a land data protection solution. Using a normative legal research method with a statutory, conceptual, and case approach, the results indicate that the centralized system is no longer adequate to guarantee the integrity of national agrarian data amidst destructive cyber threats. Blockchain technology offers decentralization and immutability that can prevent data manipulation by "digital land mafias" through a transparent network consensus mechanism. The successful implementation of Blockchain in land registration in Georgia since 2016 provides empirical evidence that this technology can ensure the permanent integrity of land ownership history. Regulatory reconstruction accommodating distributed ledger technology in national agrarian law is a necessity to achieve absolute legal certainty for landholders in the digital age. This research recommends the establishment of Government Regulation-level regulations governing Blockchain technical standards, synchronization between regulations, and a pilot project in several land offices before national implementation.
Copyright (c) 2026 DAFFA AL-FIRDAUS WIDHIANTO (Author) https://creativecommons.org/licenses/by/4.0
Effectiveness of Electronic Land Certification Services at the Land Office: A Study at the ATR/BPN Office of Surakarta
This study discusses the effectiveness of electronic land certificate services at the Surakarta City Land Office. The implementation of electronic certificates is intended to improve legal certainty, efficiency, transparency, and land data security. This study aims to analyze the effectiveness of electronic land certificate services and identify factors influencing their implementation. The research method used is empirical juridical with a qualitative descriptive approach, in which data were obtained through interviews, observations, and document studies involving employees of the Surakarta City Land Office, Land Deed Officials (PPAT), and members of the public who use electronic certificate services. The study employs Soerjono Soekanto’s theory of legal effectiveness, which includes legal substance, law enforcement officials, facilities and infrastructure, public legal awareness, and legal culture. The results indicate that electronic land certificate services in Surakarta City have been implemented well in terms of regulatory support and personnel readiness. However, several obstacles were still identified, such as electronic systems that frequently experience disruptions, server maintenance, relatively lengthy data validation processes, and public doubts regarding digital documents. Nevertheless, electronic certificates provide various benefits, including faster administrative processes, better data integration, minimizing document forgery, and enhancing transparency in land administration services. This study contributes to digital land administration studies by highlighting challenges in implementing electronic certificates at the regional level. Therefore, it is necessary to strengthen technological infrastructure, improve human resource capacity, and conduct public outreach so that electronic land certificate services can operate more optimally and gain public trust.
Electronic land certificate, land registration, public services.
Copyright (c) 2026 Ibrahim Yahya (Author) https://creativecommons.org/licenses/by/4.0
Analysis of Under-the-Table Land Transactions Using Receipts as Evidence in Bambankerep Subdistrict, Semarang City
The practice of private land sales and purchases based on receipts still occurs in society and raises issues regarding legal certainty regarding land ownership. This study aims to analyze the practice of private land sales and purchases in Bambankerep Village and its implications for legal certainty. This study employs an empirical legal methodology through a literature review of legislation and legal literature, as well as interviews with village officials and legal practitioners to obtain empirical data. The results indicate that the community still opts for informal transactions due to economic factors, procedural ease, and trust in local officials, even though such transactions are supported only by simple documents like receipts that lack legal standing as a basis for the transfer of rights. Consequently, buyers are in a legally vulnerable position and are prone to disputes. This study underscores the importance of using PPAT deeds and land registration to ensure legal certainty and provide legal protection for the parties involved in land transactions.
Informal Land Sales; Legal Certainty; Receipts; Transfer of Land Rights
Copyright (c) 2026 Yulianis Satul Faidhah (Author) https://creativecommons.org/licenses/by/4.0
Analysis of the Socio-Economic Impact of Agrarian Reform Through Access Arrangements
This study aims to analyze the effectiveness of agrarian reform implementation through the land access restructuring program in Karangtengah Village, Sukoharjo Regency, and to identify the factors influencing the success of its implementation. This study employs a qualitative method with a socio-legal approach to examine the gap between legal norms and empirical realities in the implementation of agrarian reform. Primary data was obtained through an interview with Aditya Dwi Prasetyawan, S.Ikom., serving as the First-Level Community Empowerment Officer in the Land Management and Empowerment Section of the Sukoharjo Regency Land Office. Secondary data was obtained through document analysis, specifically the 2024 Social Mapping Report on Agrarian Reform Access (ARA) Activities and various regulations related to agrarian reform. The research findings indicate that asset management through land certification has successfully enhanced legal certainty regarding community- d land; however, the effectiveness of access management in improving community economic well-being remains suboptimal. Major constraints include limited access to capital, technology, and markets, as well as weak coordination between the Sukoharjo Regency Land Office, the Sukoharjo Regency Government, and economic support institutions. Additionally, the distribution of assistance programs remains insufficiently inclusive and equitable. From a socio-legal perspective, this situation indicates a gap between the normative goals of agrarian reform and its implementation on the ground. Therefore, a more integrative, participatory, and sustainable agrarian reform policy model is needed so that agrarian reform not only results in the legalization of assets but also achieves social justice and improves community welfare.
Copyright (c) 2026 Zefanya Nathalieana Mellynda Haskoro (Author) https://creativecommons.org/licenses/by/4.0
Legal Protection For Land Rights Holders Affected By The Pengapon–Boyolali Fuel Pipeline Program (A Case Study of Grogolan Village Residents)
Legal protection for landholders still faces challenges in practice when national infrastructure projects physically alter land conditions without adequate follow-up mechanisms. This article examines the legal protection afforded to holders of land rights in Grogolan Village, whose land has been affected by the construction of the Pengapon–Boyolali (BBM) oil pipeline transmission project carried out by PT Pertamina Patra Niaga. This study employs an empirical legal approach, combining field observations, in-depth interviews with affected landowners, village officials, and the Boyolali District Land Office (BPN), supplemented by an analysis of relevant legislation. The research findings indicate that legal protection for land rights holders in Grogolan Village has not yet been substantively realised. Applying Satjipto Rahardjo’s theory of legal certainty as the theoretical basis for evaluating legal protection, deficits were identified in all four of its constituent elements, physical changes to the land were not officially recorded in land documents, land certificates did not reflect the actual post-construction conditions, buffer zone restrictions were never formally communicated to landowners, and there was no active notification mechanism from Pertamina to the BPN. A public consultation that was not inclusive involving only two representatives from around 40–50 affected farmers demonstrates a failure to fully comply with Law No. 2 of 2012 on Land Acquisition for Public Interest. It is recommended that the regulations be amended to require energy infrastructure project implementers to facilitate the certificate splitting process and provide comprehensive the rights, obligations, and land use restrictions arising from pipeline corridors.
Copyright (c) 2026 Valerio Aydin Hilmi Al Mirza (Author) https://creativecommons.org/licenses/by/4.0
Legal Uncertainty of Land Owners in the Implementation of Land Exchange for Elementary School Construction (Case Study of Decision Number: 241/PDT/2015/PT.SMG jo. 74/Pdt.G/2014/PN.Jpa)
This study examines the legal uncertainty of land owners in exchanging land for the construction of elementary schools by highlighting the administrative and legal aspects. This study uses a legal approach.empirical juridical which combines normative analysis of statutory regulations withwith empirical data obtained through field observations, in-depth interviews with the land swap subjects, the Head of Karanggondang Village and the ATR/BPN of Jepara Regency, as well as analysis of related documents. The results of the study indicate that the implementation of the land swap in this incident was not carried out in accordance with applicable legal procedures because the replacement land promised to the original owner was never actually provided. In addition, there was a transfer of land rights through a land ownership certificate in the name of the village head which created legal uncertainty and harmed the heirs of the land owner. These conditions indicate maladministration and abuse of authority in the land acquisition process for the public interest. Thus, legal certainty in land swaps can only be achieved through transparent administrative procedures, the fulfillment of compensation rights appropriately, and a dispute resolution mechanism that can provide effective legal protection to land owners.
Copyright (c) 2026 Maulana Akhyar (Author) https://creativecommons.org/licenses/by/4.0
Responsibilities of Land Rights Holders in the Control of Abandoned Land Indicated by the Existence of Abandoned Buildings
The problem of abandoned land reflects inconsistency between land utilization and the principle of the social function of land under Indonesian agrarian law. One indication of abandoned land is the existence of abandoned buildings, demonstrating that land is not cultivated, utilized, used, or maintained according to the purpose for which the land right was granted. This study analyzes the responsibilities of land rights holders and the authority of local governments in controlling abandoned land associated with abandoned buildings under Government Regulation Number 48 of 2025, using the former PT Telkom building in Kudus Regency as a case study. The research employs an empirical juridical method with statutory and case study approaches. Data were collected through library research, field observations, and interviews and analyzed qualitatively. The findings indicate that the land occupied by the former PT Telkom building shows signs of abandonment because it has not been utilized or maintained in accordance with the purpose of the granted land right, as reflected by the prolonged existence of abandoned buildings. This condition demonstrates the inadequate implementation of land rights holders’ responsibilities and contradicts the principle of the social function of land. Furthermore, local government efforts remain ineffective due to regulatory ambiguities, limited authority over certain assets, inadequate land administration data, and weak inter-agency coordination. Therefore, strengthening regulations, improving institutional coordination, and optimizing supervision of land utilization are essential to ensure effective control of abandoned land and the realization of its social function.
Copyright (c) 2026 Firdaus (Author) https://creativecommons.org/licenses/by/4.0
Urban Green Open Space in Indonesia: A Study of Legal Compliance
In accordance with the provisions set forth in Law Number 26 of 2007 on Spatial Planning, urban spatial planning must include a plan for the provision and utilization of green open spaces covering at least 30% of the city's total area. Green Open Spaces play a crucial role in urban spatial planning and mitigating the environmental impacts caused by urbanization. However, studies regarding the integration of Green Open Spaces and spatial planning policies have not been extensively discussed. The objective of this study is to identify the extent of legal compliance regarding green open spaces in the City of Semarang. The research method employed in this study is empirical legal research, utilizing data collection techniques such as interviews, obeconservations and documentation. Based on the research conducted, it was found that the green open space in Semarang City covers an area of 23,146,701 hectares, or 61.94% of the city's total area. This indicates that the green open space in Semarang City is in compliance with the provisions of Law Number of 2007. Furthermore, this study aims to examine the alignment and availability of green open spaces as well as the implementation of related policies in regional planning documents such as the Regional Spatial Plan and Detailed Spatial Plan. The purpose of this study is to ensure that the Semarang City Government plans to add at least 7,487.4 hectares of public green open space so that public green open space in Semarang City reaches 30%.
Copyright (c) 2026 Aulia Hidayatul Amali (Author) https://creativecommons.org/licenses/by/4.0
Cancellation of SHGB on Cultivated Land Following PK Decision No. 788 PK/Pdt/2021
The issuance of land title certificates must be carried out in accordance with the principle of prudence to ensure legal certainty and protection for the community. However, in practice, there are still instances where Certificates of Right to Build (SHGB) are issued for cultivated land that has been physically controlled by the community for decades, thereby giving rise to land disputes. This study aims to analyze the implementation of the principle of prudence in the issuance of SHGBs by the ATR/BPN Land Office of Bogor Regency and to analyze the form of legal liability for the issuance of SHGBs on cultivated land that has been under community control for more than 20 years. This study employs a legal-empirical method using a statutory approach, a case study approach, and a conceptual approach. The results of the study indicate that the issuance of SHGB No. 4817/Sukahati in the name of PT. Star Tjemerlang administratively meets formal requirements; however, substantively, it does not align with the physical control of the land, which has been under Marja’s control since 1987. The discrepancy between physical and legal data indicates that the principle of due diligence has not been optimally applied, particularly in field verification and land history research. This study contributes to strengthening the concept of the Land Office’s legal accountability through the approach of unlawful acts by the government (onrechtmatige overheidsdaad).
The principle of prudence, legal liability, cultivated land, land registration, Building Use Certificate.
Copyright (c) 2026 Ahmad Rifki Hanafi (Author) https://creativecommons.org/licenses/by/4.0
Juridical Analysis of Overlapping Disputes of Land Rights Certificates Study of Semarang District Court Decision Number 237/Pdt.G/2024/PN.Smg.
Disputes over land rights certificates are a problem that still often occurs in the practice of land law in Indonesia and shows the weak administrative system of land registration. To prove compliance with the concept of legal certainty and the social role of land, this study examines the judge's reasons in Decision Number 237/Pdt.G/2024/PN.Smg. This normative legal research uses a legal approach and a case approach through a literature review of primary, secondary, and tertiary legal sources that are analyzed in a qualitative descriptive manner. The findings of the study show that although land rights certificates serve as strong evidence, they can still be revoked if there is an administrative or legal error. From Utrecht's perspective, legal certainty demands clarity of rules and protection of the public from arbitrary government actions, which in this case have not been fully fulfilled due to the overlapping of certificates. According to Gustav Radbruch, the law must reflect certainty, justice, and utility. The judge's decision shows an effort to balance the principle of legal certainty and the social function of land through examining the validity of the parties' rights. However, the proof of physical data and the possession of land objects shows the complexity of resolving the dispute. The legal implications of this dispute include the administrative responsibility of the Land Office, the potential for civil lawsuits, and the possibility of criminal liability if there is an element of intentionality.
Overlapping certificates, legal certainty, land social functions, land responsibilities.
Copyright (c) 2026 Putri Damayanti (Author) https://creativecommons.org/licenses/by/4.0
The Validity of Business Agreements before the Fulfillment of Risk-Based Licensing in Indonesian Civil Law
The development of the risk-based business licensing system thru Online Single Submission (OSS-RBA) raises legal issues related to the relationship between administrative obligations and the validity of agreements in civil law. The main issue lies in whether the incompleteness or delay of permits can affect the validity of contracts that have been agreed upon by the parties. This research aims to analyze the position of permits in determining the validity of agreements and to formulate an ideal legal construction in harmonizing administrative law and civil law. The method used is normative legal research with a legislative and conceptual approach, supported by relevant doctrinal studies and legal theories. The research results indicate that the validity of the agreement still refers to Article 1320 of the Civil Code, where the aspect of licensing is not included as a condition for the validity of the agreement as long as the causa does not contravene the law. The failure to obtain permits is more accurately categorized as an administrative violation. Furthermore, obstacles in the OSS system can be classified as a form of relative force majeure that affects the performance of obligations, but does not nullify the validity of the contract. The contribution of this research lies in strengthening the argument regarding the separation and simultaneous interconnection between public and private law in contractual practice. This research concludes that an integrative legal reconstruction is necessary, balancing legal certainty, justice, and utility.
Validity of Agreements, Risk-based Licensing, Force Majeure, Legal Reconstruction
Copyright (c) 2026 Athar Tristan Andana Kanz (Author) https://creativecommons.org/licenses/by/4.0
Conflict of Land Ownership Between Historical Possession and Land Title Certificates in the Perspective of Agrarian Law (Study of Decision Number 7/Pdt.G/2024/PN.Pkl)
Land ownership disputes in Indonesia remain complex, particularly when conflicts arise between long-standing factual land control and formal legal ownership evidenced by certificates, reflecting a tension between legal certainty and substantive justice within agrarian law. This study analyzes the juridical aspects of unlawful acts in land tenure disputes through Decision Number 7/Pdt.G/2024/PN Pkl, using a normative juridical method with empirical reinforcement, combining statutory, conceptual, and case approaches, supported by limited interviews. The findings reveal that courts tend to prioritize formal legality, especially land certificates, as the primary basis for determining ownership, resulting in the rejection of claims based solely on factual control without formal evidence. Furthermore, the analysis shows that the elements of unlawful acts are closely linked to the validity of land rights, positioning legal ownership as a decisive factor in judicial reasoning. This condition illustrates an imbalance in the application of agrarian law, where legal certainty is upheld, yet substantive justice for parties with historical control over land is not always achieved. The study contributes to the development of agrarian law by emphasizing the need for a more balanced and inclusive approach that recognizes both formal legality and factual realities in land tenure. In this regard, improving access to land registration and strengthening mechanisms for legal recognition of long-term land control are essential steps to minimize agrarian conflicts and create a more equitable legal system.
Land Dispute, Unlawful Act, Land Ownership, Legal Certainty, Agrarian Law, Land Registration.
Copyright (c) 2026 Ivana Mirella Hapsari Hapsari (Author) https://creativecommons.org/licenses/by/4.0
Implementation of Upgrading Building Use Rights to Land Ownership Rights in Semarang City
This study examines the implementation of the conversion of Building Use Rights (Hak Guna Bangunan/HGB) into Ownership Rights (Hak Milik/HM) in Semarang City by highlighting various administrative, legal, and institutional challenges encountered in practice. The research employs a socio-legal approach that combines normative analysis of statutory regulations with empirical data obtained through field observations, in-depth interviews with stakeholders at the Semarang City Land Office of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and notaries, as well as document analysis. The findings reveal that the primary obstacles in the conversion process include overlapping authority among government agencies, incomplete application documents, and land status disputes, particularly involving land associated with government assets or land under Management Rights (Hak Pengelolaan/HPL). In addition, inadequate inter-agency coordination and the lack of integration within the land administration system further contribute to procedural delays and legal uncertainty for the public. These findings underscore the importance of strategic measures, including regulatory harmonization between central and local governments, institutional synchronization in land administration, and the digitalization of land registration services to enhance efficiency, transparency, and accountability in public service delivery. Therefore, this study contributes to the discourse on urban land governance by identifying practical obstacles in the field and offering policy recommendations aimed at strengthening legal certainty and the protection of land rights in urban areas of Indonesia.
Building Use Rights, Ownership Rights, Land Registration, Legal Certainty, Land Administration
Copyright (c) 2026 Arya Salman (Author) https://creativecommons.org/licenses/by/4.0
Implementation of BPHTB Exemption under Semarang Mayor Regulation No. 64/2024: Tlogosari Kulon Case Study
Socioeconomic inequality in the city of Semarang remains a fundamental issue, particularly regarding the limited access of low-income communities to land rights due to the fiscal burden of the Land and Building Acquisition Tax (BPHTB). This study aims to analyze the implementation of Semarang Mayor Regulation No. 64 of 2024 on the Exemption from the Land and Building Acquisition Tax for Low-Income Communities through a case study in the Tlogosari Kulon Subdistrict, Semarang City, from the perspective of John Rawls’s social justice theory, particularly in guaranteeing the rights of the least advantaged through the mechanism of fairness. The research method used was an empirical legal approach with a case study design, involving in-depth interviews with representatives from Bapenda, Disperkim, Distaru, village officials, and residents categorized as low-income individuals, utilizing qualitative document analysis. The research results indicate a significant implementation gap, characterized by ineffective inter-agency coordination and a digital e-BPHTB infrastructure that remains unintegrated for the automatic verification of MBR status. Administrative complexities and a lack of outreach at the sub-district level have led to administrative exclusion of eligible residents. Without substantive integration between legal norms and technical systems, this policy remains merely formalistic and has yet to yield transformative impacts on social justice. Research recommendations include integrating the e-BPHTB platform with the Integrated Social Welfare Data (DTKS), strengthening the role of sub-districts as administrative facilitators, and synchronizing the exemption policy with the Comprehensive Systematic Land Registration (PTSL) program.
BPHTB Exemption, Low-Income Communities (MBR), Social Justice, Policy Implementation, Tlogosari Kulon
Copyright (c) 2026 Nicholas Rangga Ardhi Nugraha (Author) https://creativecommons.org/licenses/by/4.0
The Effectiveness Of The Implementation Of Sporadic Land Registration At The Boyolali District Land Office
This study examines the effectiveness of sporadic land registration services at the Boyolali District Land Office, Central Java, Indonesia. Sporadic land registration serves as the primary mechanism for communities to obtain land certificates as legal evidence of land ownership; however, its implementation has not yet achieved optimal effectiveness. The objective of this study is to analyse the implementation of sporadic land registration and identify the factors influencing its effectiveness. This research employs an empirical legal approach by combining normative analysis of land regulations with field research through interviews with Land Office officials and direct observation of the registration process. The findings reveal that the implementation procedures generally comply with the Basic Agrarian Law and Government Regulation No. 24 of 1997. Nevertheless, the completion rate of land registration applications remains below the expected target, while the average processing time exceeds the established standard of ninety-eight working days. Using Soerjono Soekanto’s theory of legal effectiveness, this study identifies several major obstacles, including the limitations of the negative publication system with positive elements, the shortage of surveyors, inadequate digital infrastructure, and low public awareness regarding land registration. The study contributes to the development of empirical legal studies by demonstrating how administrative, technological, and social factors simultaneously affect land registration effectiveness. It concludes that sporadic land registration in Boyolali Regency has not yet operated effectively and requires institutional and technological improvements. Therefore, this study recommends increasing the number of surveyors, simplifying administrative procedures, accelerating electronic land services, and strengthening public legal awareness programmes.
Copyright (c) 2026 Winda Agustina Damayanti, Ubaidillah Kamal (Author) https://creativecommons.org/licenses/by/4.0
The Implementation of Land Control Indicated as Abandoned in Realizing Legal Certainty of Land Rights (Study at the Klaten Regency Land Office)
Through the inventory and identification procedure conducted by the Klaten Regency Land Office, this study seeks to analyse the application of land management indicated by abandonment in achieving legal certainty of the status of land rights and averting land disputes. This research is motivated by the fact that the use of land is still inconsistent with the purpose for which the rights were granted, thereby creating the potential for legal uncertainty and conflicts in land tenure. The research uses an empirical juridical approach with a qualitative descriptive method through document studies, interviews, and field observations. The results of the study show that the implementation of the land inventory indicated to be abandoned by the Klaten Regency Land Office has been carried out based on the provisions of Government Regulation Number 20 of 2021, through the stages of data collection, verification, field monitoring, and report preparation. However, the effectiveness of its implementation still faces various obstacles, such as limited administrative data, lack of coordination between agencies, limited resources, low participation of rights holders, and land ownership by other parties. However, inventory activities have implications for increasing legal certainty and have a preventive function in preventing potential disputes by providing clarity on the status and use of land. Therefore, it is necessary to strengthen data integration, cross-sector coordination, and increase public legal awareness to support the optimization of abandoned land management.
Land is indicated to be abandoned, land control, inventory, legal certainty, Klaten regency land Office.
Copyright (c) 2026 Ihsanudin Herry Setyawan (Author) https://creativecommons.org/licenses/by/4.0
The Effectiveness of Land Dispute Mediation by the Boyolali Regency Land Office in Resolving Agrarian Disputes
This study aims to analyze the effectiveness of land mediation conducted by the Boyolali Regency Land Office in resolving agrarian disputes. This study uses a socio-legal (empirical) approach, with data collected through in-depth interviews, observations, and document studies. The results indicate that although land mediation is conducted in accordance with applicable regulations, its success rate remains limited. Of the 18 cases mediated between January and December 2025, only 5 cases (27.8%) reached a resolution, 4 cases failed, and 9 cases are still ongoing. Major obstacles include the absence of one of the parties, legal representatives preferring litigation, and low public trust in the mediation process. Nevertheless, mediation is considered a faster, cheaper, and more accessible alternative compared to court proceedings, and remains a valuable mechanism for conflict resolution in agrarian disputes.
Land mediation, agrarian disputes, effectiveness, land office, Boyolali.
Copyright (c) 2026 Surya Wira (Author) https://creativecommons.org/licenses/by/4.0
Legal Analysis Of The Dismissal Of An Obscuur Libel Claim In A Good-Faith Land Dispute (Study Of Judgmen No. 82/Pdt.G/2025/PN CKR)
This study was motivated by the dismissal of a civil lawsuit based on the grounds of obscuur libel in a land dispute in Bekasi Regency, which resulted in a third party acting in good faith, Mr. Yealdi, becoming a victim of wrongful execution. The Cikarang District Court Decision No. 82/Pdt.G/2025/PN Ckr dismissed the lawsuit on the grounds that it did not meet the formal clarity of the statement of facts and the prayer for relief, even though the plaintiff held a valid title deed and alleged a violation of land rights. The objective of this study is to analyze the legal validity of the application of obscuur libel from the perspectives of civil procedure law, agrarian law, and the principle of substantive justice, as well as to assess its implications for the protection of the rights of bona fide third parties. Using a legal-normative research method that examines court decisions, legislation, and relevant legal literature, this study found that the rigid application of obscuur libel disregards the dimension of substantive justice and the principle of legal protection for rights holders acting in good faith, as mandated by the UUPA and the Constitution. Such procedural formalism has the potential to hinder access to justice and exacerbate inequalities in the resolution of agrarian disputes. As recommendations, the study proposes strengthening pre-trial mediation mechanisms, adjusting the interpretation of obscuur libel to be more responsive to substantive contexts, and developing judicial guidelines that consider socio-agrarian aspects in the adjudication of land cases.
Obscuur Libel, Third Party in Good Faith, Substantive Justice, Land Disputes, Erroneous Execution.
Copyright (c) 2026 Zakiya Az Zikra Ismail (Author) https://creativecommons.org/licenses/by/4.0
Land Dispute Resolution through Mediation between Land Cultivators and Building Use Rights Holders in Semarang City
Land is a vital asset that is often the source of disputes, including overlapping disputes between cultivated land and land certified with Building Use Rights (HGB). This phenomenon occurs because there is still an overlap between physical control in the field and officially recorded legal data. This article aims to analyze the stages of mediation implementation in resolving land disputes at the Semarang City Land Office, as well as identify obstacles encountered and efforts that can be made to overcome them. This study uses an empirical legal method with a qualitative approach. Primary data was obtained through interviews with Young Land Administrators in the Dispute Control and Handling Section of the Semarang City Land Office. Mediation is carried out through structured stages, namely submitting an application, reviewing the case, clarifying the case, mediating the case, and determining the outcome. Mediation failed at the clarification stage because both parties insisted on maintaining their respective claims without any intention of compromising, so the parties were invited to resolve the case through the courts. The main obstacles found included initial refusal of mediation, the absence of one of the parties, and the lack of willingness to compromise. The success of mediation is not solely determined by the perfection of legal procedures, but is highly dependent on the good faith of the parties. Therefore, intensive socialization efforts, strengthening the capacity of mediators, and regular evaluation of failed mediation cases are needed to increase the effectiveness of non-litigation land dispute resolution.
Mediation, Land Disputes, Building Use Rights, Cultivated Land, Semarang City Land Office
Copyright (c) 2026 Najalya Siti Farizqa, Suhadi Suhadi (Author) https://creativecommons.org/licenses/by/4.0
Regulation of Sidewalk Use in Response to the Rise of Street Coffee Businesses in Cilacap Regency
The use of sidewalks by street coffee businesses in Cilacap Regency has grown as part of microeconomic activity, but has the potential to disrupt public peace and order if not properly regulated. This study aims to describe the existence and use of sidewalks by street coffee businesses, as well as to analyze the regulatory measures taken by the local government in response to the proliferation of these businesses. The research questions in this study are: (a) What is the current state of the existence and use of sidewalks by street coffee businesses in Cilacap Regency? (including photos, data, interviews, and patterns of sidewalk use); (b) How are enforcement measures regarding sidewalk use in response to the proliferation of street coffee businesses implemented? (including the meaning of enforcement, legal basis, implementing agencies, the intended function of sidewalks, and implicit obstacles that arise). The research method employed is a socio-legal approach using a legislative and descriptive-analytical framework, supported by literature review, interviews, and field observations. The research findings indicate that regulation has been implemented through data collection, guidance, and enforcement actions by relevant authorities; however, its effectiveness has not yet been maximized. This is due to limited regulatory resources and infrastructure, weak interagency coordination, and the absence of detailed technical regulations regarding zoning and permits for sidewalk use. Therefore, it is recommended that clear technical regulations regarding zoning be established, inter-agency coordination be improved, and participatory guidance be strengthened.
enforcement; sidewalks; public order; street coffee; Cilacap Regency
Copyright (c) 2026 Alvin Dwi Arianto (Author) https://creativecommons.org/licenses/by/4.0
Implementation Of DKI Jakarta Regulation Number 7 Of 2010 Concerning Building Construction Of Boarding Houses In Tanjung Duren Sub-District, West Jakarta
This study examines the implementation of DKI Jakarta Provincial Regulation Number 7 of 2010 concerning Building Construction in controlling the construction of unlicensed boarding houses in Tanjung Duren Village, West Jakarta. Problems arise because although the regulation requires every building to have a Building Construction Permit (PBG), in practice many boarding house owners still build without complying with applicable licensing procedures. This study aims to analyze the effectiveness of the regulation's implementation and identify factors that cause community non-compliance with building permit obligations. The research method used is an empirical juridical approach with a statutory regulatory approach and a sociological approach through document studies, observations, and interviews with relevant informants. The results show that the implementation of the regulation has not been effective. Law enforcement tends to be reactive and administrative, such as imposing fines, without being followed by firm preventive or repressive measures. In addition, weak inter-agency coordination, limited supervision, and the complexity of the licensing process also contribute to the low level of community compliance. This study contributes to providing an empirical picture of the gap between legal norms and community practices in controlling boarding house construction. Therefore, it is necessary to increase the socialization of regulations, simplify licensing procedures, and strengthen supervision by local governments so that the implementation of regulations can run more effectively.
Building Permits, Building Construction Permit (PBG), Boarding Houses, Legal Compliance, Building Control.
Copyright (c) 2026 Aqilah Belva Nathania (Author) https://creativecommons.org/licenses/by/4.0
Legal Protection for Holders of Land Ownership Certificates Affected by Erosion of the Bekasi River
River abrasion is one of the natural events that can cause changes in the physical condition of land, or even result in the complete disappearance of land. This situation raises legal issues, particularly for communities that hold Certificate of Ownership (Sertipikat Hak Milik) over land subsequently affected by abrasion. This problem occurs in Sriamur Village, North Tambun District, Bekasi Regency, where abrasion of the Bekasi River has caused a reduction in land area and even the loss of several land plots belonging to residents. This study aims to analyze the legal status of land affected by abrasion as well as the forms of legal protection for holders of the Certificate of Ownership over such land. The research employs a juridical-empirical approach by examining laws and regulations related to land rights, rivers, and the environment, supported by field data obtained through interviews with affected residents and relevant agencies. The results show that river abrasion may cause land to be classified as destroyed land (tanah musnah) if it can no longer be identified, thereby extinguishing the land rights and reverting them to state control. However, in practice, there remains legal uncertainty due to the absence of an official determination of destroyed land and the lack of a compensation mechanism for communities whose land has been reduced or has fallen into the river border area.
Legal Protection, Land Ownership Rights, River Erosion, Land Loss, River Banks.
Copyright (c) 2026 Shalsabila Putri Fairuz Zahra (Author) https://creativecommons.org/licenses/by/4.0
Analysis of the Bengkok Land Dispute Following the Complete Systematic Land Registration (PTSL) in Tanjungmojo Village, Kendal Regency
The Comprehensive Systematic Land Registration (PTSL) program was designed to ensure legal certainty; however, its implementation regarding irregularly shaped plots in Tanjungmojo Village demonstrates that disputes can still arise due to physical control on the ground that does not align with established boundaries. This article aims to analyze the factors causing post-PTSL disputes over irregularly shaped land and to formulate strategies for preventing future disputes over village assets. This study employs an empirical legal method with a descriptive-analytical approach through interviews and field observations of the subject of Land Use Certificate No. 00014. The findings reveal that the dispute arose due to residents’ unauthorized physical occupation of approximately 477 m² following the certificate’s issuance, which was not accompanied by optimal physical boundary demarcation. It is concluded that legal certainty through the PTSL program does not rely solely on administrative data but also on the control of physical conditions on the ground. As a recommendation, strengthening the supervision and maintenance of boundary markers is necessary to prevent future disputes.
PTSL, Bengkok Land, Land Disputes, Legal Certainty, Village Assets.
Copyright (c) 2026 Melinda Putri Lutfi Cahyani (Author) https://creativecommons.org/licenses/by/4.0